Properties To Be Conveyed From the Navy To The City Of Vallejo (Dated 11110/99)

Transcription

1 A. Properties To Be Conveyed From the Navy To The City Of Vallejo (Dated 1111/99) CbapeUChapel Park. Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to Lerutar Mare sland. Lennar Mare sland onveys bak to the ity (fee simple) as a park dediation Tenant: Mare sland Histori Park Foundation/GVRD. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazas, parking, et. Term: 31 Years. Square Footage: Chapel= 3,218 sq. ft. Land= 11,496 sq. ft. Rent: $1. per year. mprovements: All improvements, inluding those required by the federal government and any histori oversight body, are the sole responsibility of the MilPF. Tax Credits/Donations/Property Tax Credits: Lerutar Mare sland shall be able to benefit, if Use: Sublessee shall use the subleased area for the purpose of nonsetarian religious ativities of a museum for the display of Mare sland artifats,.reeptions and weddings. All areas shall be aessible to the publi and serve as a general benefit and amenity to Mare ' sland. 1. Opening Date: The Chapel/Chapel Park is urrently open and shall remain open during the term of the lease. B. Alden Park l. Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to Lennar Mare sland. Lerutar Mare sland onveys bak to the ity (fee simple) as a park dediation. 2. Tenant: Mare sland Histori Park Foundation/GVRD. 3. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazas, parking, et. 4. Tenn: 31 Years. 5. Square Footage: 187,5 sq. ft. Page 1of11

2 6. Rent: $1. per year. All improvements, inluding those required by the federal govenunent and any histori oversight body, are the sole responsibility of the MHPF. 9. Use: Sublessee shall use the subleased area for the purpose of nonsetarian religious ativities of artifat display, reeptions and a park. All areas shall be aessible to.the publi and serve as a general benefit and amenity to Mare sland. C. Dry Dok #1. Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to State of California. State of California leases to City.of Vallejo. City of Vallejo leases to Lellllar Mare sland. Lennar Mare sland leases bak to the City of Vallejo (so that Leruiar Mare sland an take advantage of tax redit/~onation opportunities, if any). 2. Tenant: Mare sland Histori Park Foundation. 3. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazas, parking, et. 4. Term: 31 years. 5. Square Footage: Dry Dok #1 = 27,673 sq. ft. Land.= ~5,346 sq. ft. 6. Rent: $1. per year. a) MHPF would fund all improvements onsistent with the appliation as submitted to the U.S. Navy and other appliable governing douments. All tenant improvements performed by the MHPF shall be subje~t to prior written approval. 9. Use: Sublessee shall use the subleased area for the purpose of a museum ship display. All areas shall be aessible to the publi and serve as a general benefit and amenity to Mare sland.. Opening date= Dry Dok #/Ship Display shall be renovated by sublessee and open to the Publi on or before Otober 1, 27. _: Page2ofll

3 D. Building Ways 2 l. Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to State of California. State of California leases to City of Vallejo. City of Vallejo leases to Lennar Mare sland. Lennar Mare sland leases bak to the City of Vallejo (so that Lennar Mare sland an take advantage of tax redit/donation opportunities, if any). 2. Tenant: Mare sland Histori Park Foundation. 3. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazas, parking, et Term: 31 years. 5. Square Footage: Dry Dok #1 = 27,673 sq. ft. Land - 55,346 sq. ft. 6. Rent: $1. per year. a) M1HPF would fund all improvements onsistent with the appliation as submitted to the U.S. Navy and other appliable governing douments. All tenant improvements performed by the lvllhpf shall be subjet to prior written approval. 9. Use: Sublessee shall use the subleased area for the plirpose of a museum ship display. All areas shall be aessible to the publi and serve as a general benefit and amenity to Mare sland. 1. Opening date: Dry Dok #/Ship Display shall be renovated by sub lessee and open to the publi on or before Otober 1, 27. E. Berth 1 l. Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to State of California. State of California leases to City of Vallejo. City of Vallejo leases to Lennar Mare sland. 2. Tenant: Mare sland Histori Park Foundation. Landlord: Lennar Mare sland. 3. Premises: Approximately 3 linear feet of berthing area. nludes tenant's proportionate share of non-exlusive use of a strip of land adjaent to Waterfront Avenue. Page 3of11

4 EXBBTN 4. Promenade Waterfront Development: A publi aess promenade is expeted to be O onstruted along the waterfront. The MlHPF shall omply with all requirements imposed by the City of Vallejo and/or Lennar Mare sland, or its designee with-respet to the waterfront development. The MHPF aknowledges and aepts that boundary lines, aess and other issues may affet the operation of Berth Reloation: The City of Vallejo and/or Lennar Mare sland reserve the right to reloate a vessel from Beth O to another berth at Mare sland ifreasonably required. 6. Term: 1 years. No vessel shall remain on Berth 1, on~inuous ly or umulatively, for more than 24 months. 7. Square Footage: 3 linear feet of pier. Land area: Approximately 3 1 x 3' (+/- 9, square feet). 8. Rent $ 1. per year. 9. Tax Credits/Donations/Property Tax Credits: Lennar Mare sland shall be able to benefit, if 1. Use: The MHPF shall use Berth 1 for temporarily mooring ships that will eventually be used for display in Ways 2 or Dry Dok' 1. Minor repairs are pennitted to take plae, provided that it is onsistent with light industrial uses and does not ause an adverse affet on publi aess or use of nearby buildings. 11. The MHPF shall be responsible for all pennits assoiated with its oupany and use of Berth 1. Q 12. The MHPF shall be responsible for all dredging assoiated with its use of Berth 1. F. Building Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to Lennar Mare sland. Lennar Mare sland leases to the City of Vallejo. 2. Tenant: Mare sland Histori Park Foundation. 3. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazast parking, et. 4. Tenn: 31 years. 5. Approximate Square Footage: Buiiding 46 = 25,734 sq. ft. Building 1346 = 1,56 sq. ft. 6. Rent: $ ~. per year. Page4ofll

5 C a) MHPF would fund all improvements, inluding the shell, seismi upgrades, ADA/Handiap, and the exterior.. Plumbing, eletrial and gas servie would be brought to the Premises and interior partitions, eletrial, HV AC, plumbing and gas distribution, window treatments, eilings, flooring and finishes. All improvements performed by the MHPF shall be subjet to prior written approval. appliable, from tax redit and inentive programs assoi~ted with the donation of the 9. Use: Sublessee shall use the subleased area for the purpose of a museum for the display of Mare sland artifats, gift shops, offies and reord storage. All areas shall be aessible to the publi and serve as a general benefit and amenity to Mare sland.. Misellaneous Provisions: a) Building 1346: Building 1346 may be used by MHPF as a temporary offie or temporary storage, subjet to 13b below. G. Building 47 b) Building Reloation/Demolition - Building 1346: At anytime during the term of the lease, the Landlord may, in its sole disretion, reloate building ) Opening date: Building 46 shall be renovated by sublessee and open to the publi on or before April l, Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to Lennar Mare sland. 2. Tenant: Mare sland Histori Park Foundation. Landlord: Lennar Mare sland. 3. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazas, parking, et. 4. Tenn: 5 years. 5. Square Footage: Approximately 4, sq. ft., loated on the first floor, southwest omer. 6. Rent: $1. per year. a) MHPF would fund all improvements, inluding N AC, interior partitions, eletrial, window treatments, eilings, flooring and finishes. All tenant improvements performed by the MHPF sbau be subjet to prior written approval. Pages ofll

6 9. Use: Sublessee shall use the subleased area for the purpose of an administrative offie and reords storage. O. Misellaneous Provisions: H. Radio Building a) When Building 4 7 is made available, all reords, artifats, et. shall be removed from Building 47A. l. Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to Lennar Mare sland. 2. Tenant: Mare sland Histori Park Foundation. Landlord: Lennar Mare sland. 3. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazas, parking, et. for aess only. The building shall be used in ommon with a ommunity enter or other use as designated by Lennar Mare sland. 4. Term: 31 years. 5. Square Footage: A portion of the building, approximately 1 sq. ft. 6. Rent: $1. per year. 'a) MHPF would fund all interior tenant improvements within its portion of the building, inluding interior partitions, eletrial, plumbing and gas distribution, window treatments, eilings, flooring and finishes. All tenant improvements performed by the MHPF shall be subjet to prior written approval. 9. Use: Sublessee shall use the subleased area for the purpose of a museum for the display of Mare sland radio equipment. All areas shall be aessible to the publi and serve as a general benefit and amenity to Mare sland. 1. Misellaneous Provisions: a) Opening date: The Radio Room shall be renovated by sublessee and open to the publi within six (6) months following ompletion of the building by Lennar Mare sland, or b~~- Page6ofll

7 EXHBT N. Quarters A 1. Chain of Title/Conv~yane: Navy onveys to City of Vallejo. City of Vallejo onveys to Lennar Mare sland. Lennar Mar sland leases to City of Vallejo. 2. Tenant: Mare sland Histori Park Foundation. 3. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazas, parking, et. At any time during the term, the Landlord reserves the right to due the size of the bakyard. 4. Term: 31 years. 5. Square Footage: Quarte~~ A= 1,41 sq. ft. Land = 8B,725 sq. ft. 6. Rent: $1. per year. a) MHPF would fund all improvements, inluding interior partitions, eletrial, plumbing and gas distribution, window treatments, eilings, flooring and finishes. All tenant improvements perf onned by the lvlhpf shall be subjet to prior written approval. appliable, from tax redit and inentive programs assoiated with the donation of the 9. Use: Sublessee shall use the subleased area for the purpose of a museum for the display of Mare sland artifats,' reords storage, weddings, reeptions, and business meetings. All areas shall be aessible to the publi and serve as a general benefit and amenity to Mare sland. 1. Opening date: Quarters A shall be open to the publi during the term of the Lease. J. Quarters B. 1.. Chain of Title/Conveyane: Navy onveys to City of Vallejo. City of Vallejo onveys to Lennar Mare sland. Lennar Mare sland leases to City of Vallejo. 2. Tenant: Mare sland Histori Park Foundation. 3. Premises: nludes Tenant's proportionate share of non-exlusive use of areas outside the building, suh as sidewalks, plazas, parking, et. At any time during the term, the landlord reserved the right to remove the.bak 1 ft. from the 4. Tenn: 31 years. 5. Square Footage: Quarters B = 7,358 sq. ft. Land= 43,8 sq. ft. 6. Rent: $1. per year. Pag7ofll

8 a) MHPF would fund all improvements, inluding partitions, eletrial, plumbing and gas distribution, window treatments, eilings, flooring and finishes. All tenant improvements performed by thejvllhpf shall be subjet to prior written approval. 9. Use: Sublessee shall use the subleased area for the pwpose of a museum for the display of artifats, weddings, reeptions, and business meetings. All areas shall be aessible to the publi and serve as a general benefit and amenity to Mare sland. 1. Opening Date: Quarters B shall be open to the publi during the term of the Lease. Page 8 ofll

9 C General Provisions Appliable To All Properties l. nsurane Requirements: Sublessee will be required to provide proof of Commerial General Liability nsurane inluding, ontratual.liability, broad form property damage, auto liability insurane, as appliable, workman's ompensation insurane with a waiver of subrogation endorsement and full replaement value property insurane, eah issued by a reputable having a Best's finanial rating of A or better, or otherwise aeptable to Landlord. Liability insurane shall be not less than five million dollars ($5,,) against laims for personal injury, bodily injury, and/or death. 2. Additional Rent: The Tenant shall be obligated to pay its prorata share of ommon area osts, taxes, setvie distrit, assessments, and/or additional rent assoiated with the area adjaent to the Premises, inluding ommon areas and assoiated parking areas. 3. Pai:elization Plan: The Premises may not omply with the Parelization Plan for this Reuse Area. On or after the ommenement of the sublease, sub lessee may be required to onform to the Parelization Plan.. 4. Lease Type: Triple Net. Sublessee aepts the premises as-is and shall be responsible for all repairs, maintenane and replaements of any kind, inluding the reloation of any equipment, trailers or apparatus not to be leased to sublessee. 5. Parking: The Sublessee shall ontinue to maintain and provide for the required parking within the area surrounding the Premises, or in an area designated by Landlord. The agreement will ontain obligations, diretly or in ommon with others, to maintain and repair Parking Areas. The Landlord reseives the right to provide off-site parking, subjet to the maintenane and repair obligations stated herein, to the Premises at any time during the term of the Lease. All parking or parking improvements and the ost thereof shall be alloated and paid for by MHPF on a proportionate basis. 6. Landsaping: The Sublessee, when required by the Landlord, shall landsape the exterior of the Premises to a standard that is onsistent with City of Vallejo requirements and any appliable redevelopment plan. 7. Faility Maintenane: The :MHPF shall maintain and repair the failities desribed herein, inluding any and all replaements. The MlHPF aepts all of the failities as-is. The MHPF shall submit a building maintenane plan for review by the City of Vallejo and Lennar Mare sland for review. 8. Artifat Control: The MlHPF shall fully omply with and adhere to all governing douments, inluding but not limited to, the ity's Presetvation Ordinane Chapter Part l (Mare sland Amendment) and any and all agreements whih may be in plae between the U.S. Navy and the City of Vallejo relating to the presetvation of artifats, equipment and douments on Mare sland. 9. Performane Shedule: The :MHPF shall meet the minimum requirements as shown on the attahed performane shedule. n the event that the minimum requirements annot be met within the time frames stated therein, the Landlord (or the City of Vallejo, if appliable) may, Page9ofll

10 EXBBTN at its sole option, terminate the lease with respet to the faility or failities that have not met the requirements of the performane shedule.. o 1. Additional Equipment: From time to time, the MHPF shall be permitted to request additional equipment. Any final agreement with regard to equipment shall take into onsideration the value. and/or job generating apability of the projet. Tiris provision shall not be onstrued or intended to be a reservation of equipment. 11. Sign Program: The Landlord will make signage available to the MJHPF onsistent with an interim sign program and permanent sign program urrently being developed by Lennar Mare sland. 12. Grounds Maintenane: The MHPF shall be permitted to bid on landsape and grounds maintenane of Chapel Park. f the City of Vallejo elets to ontrat with the MillPF for suh servies, the City of Vallejo shall ontrat with the MlliPF for servies and pay diretly for servies from available funds. The ommissary is in~luded as a possible site. Page 1 ofll

11 EXBBTN! ojt:3,9s iy.el' F LEA.SE PERFOR..vL-\..'iCE SCHEDll..E Time Shedule in Months. Faili.-1.! 2. Le:a.se Cor:... rne:ie:nen.., J. t!. 1 i Finaning (Consm1ion) The MHPF shall submit o the C1y of Ya!lejo evidene of available funds for finaning ihe projet by the soeified date.. Consn.1tion Cost esim>.tes for eah stage shall be submined, t>.long with an updated fin2nial plan (from #3 abo :e) indiating available funds for eah phase.. St?.ge (Open to Publi).. Stage 2.. Sta2e J (Full Buildout) 5. Visitorship ai ;v1useum Year l Building :..!6 Dr:; Dok :;:l No later than Jan. 2 No laer than Januarv 31, 2 : No late:- i~~ l Deee:e:- Ji. '26 l mo. ane::. le~e 6 mos. afle:- lease ommenemer.r orri.:-:-te:iement :.. '.!. 3 mos. after lease 9 mos. after lease ommenement ommenement 27 mos. after lease orrunenement NA NA 3 mos. after lease om.tnenemem \Vith Shio \Vihout Shio Exhibit Exhibir Visitors/Year Visirors!Yerr! NA o!! i ~o.ooo 4, l i 12, 8,! ;. \V~ys ::: >io late:: man l ' +. Deemoe:: mos. aiter lease ommenement ;! 9 mos. afo:r lease ommenement N/A 3 mos. after lease ommenement NA- ; Page 11of11